90 So. 3d 1209
La. Ct. App.2012Background
- Plaintiffs Schroth and Clark leased a New Orleans building for an art business and occasional residence; lessor Martha Samuel died, control passed to her daughters Cynthia and Stephanie Samuel.
- Hurricane Katrina damaged the roof in 2005; plaintiffs sued estate, daughters, and insurer Lafayette Insurance for damages arising from lease and failure to repair.
- Lease allocated primary maintenance to lessee after initial repairs; roof and major exterior maintenance were stated as lessor’s responsibility.
- Defendants moved for summary judgment in 2011, arguing plaintiffs could not prove liability; a prior partial grant left only whether lack of roof maintenance caused damages.
- Trial court granted summary judgment twice, including on the claim that roof defects pre-Katrina were not proven; plaintiffs appeal the final judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the lease waives liability for landlord for flood damages | Schroth argues lessor liable for Katrina damages. | Lessor not liable where perils insured against; no insurance held by plaintiffs. | No liability due to unambiguous subrogation/insurance clause. |
| Whether plaintiffs showed the roof was defective before Katrina | Roof preexisting defect caused damages. | No evidence roof defective prior to Katrina. | Plaintiffs failed to prove preexisting roof defect; summary judgment proper. |
| Whether plaintiffs proved damages caused by a work crew hired by defendants | Damage attributed to defendants' work crew. | Plaintiffs did not identify work crew as defendants' agents. | No evidence tying vandals to defendants; no trial-proof. |
| Whether interlocutory rulings are reviewable on unrestricted appeal | Interlocutory ruling reviewable with final judgment appeal. | Only final judgment review; interlocutory rulings reviewed if appeal of final judgment. | Appellate review extended to interlocutory ruling as part of final-judgment appeal. |
Key Cases Cited
- Samaha v. Rau, 977 So.2d 880 (La. 2008) (summary judgment standard; burden on mover; burden-shifting guidance)
- Schultz v. Guoth, 57 So.3d 1002 (La. 2011) (escalation of burden after movant proves prima facie case)
- Manning v. United Medical Corp. of New Orleans, 902 So.2d 406 (La.App. 4th Cir. 2005) (summary judgment burden on non-movant to show trial-proof)
- Favrot v. Favrot, 68 So.3d 1099 (La.App. 4th Cir. 2011) (interlocutory judgments review considerations)
- People of the Living God v. Chantilly Corp., 207 So.2d 752 (La. 1968) (timing of review of interlocutory rulings with final appeal)